Legal Question in Personal Injury in California

Re: Auto Accident Claims

Cohen & Tashjian gave the best advice.

Re: Auto Accident Claims

You might want to ask the court to postpone the small claims trial. In the meantime, turn the arbitration award into a judgment, take the judgment to small claims court and tell the judge it's already been decided -- in your favor.

Re: Auto Accident Claims

What is not clear from your message is whether this was an inter-company arbitration between two insurance companies or if it was an arbitration between you and him?

If this was an arbitration between your and his insurance carriers then that decision is not binding on either one of you. Both parties have a constitutional right to have their day in court. This is true even if your own insurance company prevailed in the arbitration.

On another note, the person assigned to you by your insurance company (non-attorney) cannot interfere, assisst or represent you in the small claims court. He/she can only testify as a witness provided proper foundation can be laid.

If the other party wins in small claims court, then two things can happen. (1) your carrier might pay the judgment, or (2) appeal the case to the Superior Court.